Madras High Court
Hyderali vs The Regional Passport Officer on 17 June, 2021
W.P(MD)No.8433 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
W.P(MD)No.8433 of 2021
Hyderali ... Petitioner
versus
The Regional Passport Officer,
Regional Passport Office,
Madurai Bharathi Ula Veethi,
Race Course Road,
Madurai. ... Respondent
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Mandamus, to direct the respondent to
issue a passport to the petitioner by considering the petitioner's application
taken on file as File No.MD1062101283519 in the light of judgment made
by this Court in W.Jaihar William – vs – State of Tamil Nadu, 2014 2 CWC
684 within the time that may be stipulated by this Court.
For Petitioner : Mr.D.S.Haroon Rasheed
For Respondent : Mrs.B.Deepa,
Central Government Standing Counsel
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8433 of 2021
ORDER
This writ petition has been filed for the issue of writ of mandamus
directing the respondent to issue passport to the petitioner, on considering
his application, within the time stipulated by this Court.
2. The case of the petitioner is that he applied for a passport on
07.05.2019. Thereafter, a notice was issued to the petitioner by the
respondent, seeking for his explanation regarding an FIR that was pending
against the petitioner in Crime No.516/2018. Admittedly, the petitioner did
not give any reply for this notice. The petitioner proceeded to file the
present writ petition mainly on the ground that the pendency of an FIR by
itself is not a ground to deny passport, since it cannot be construed as a
criminal case against the petitioner.
3. A counter affidavit has been filed by the respondent. A stand has
been taken to the effect that the petitioner had suppressed the pendency of a
criminal case against him, while submitting his application for passport.
Thereafter, a show cause notice has been issued to the petitioner and there
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W.P(MD)No.8433 of 2021
was no reply. The respondent was not able to proceed further with the
application and ultimately, it was closed on 28.07.2020.
4. Heard Mr.D.S.Haroon Rasheed, learned counsel for the petitioner
and Mrs.B.Deepa, learned Standing Counsel for Central Government
appearing for the respondent.
5. The application submitted by the petitioner has already been
closed by the respondent through proceedings dated 28.07.2020. The main
ground on which the application was not entertained was that the criminal
case that was pending against the petitioner in Crime No.516/2018 was not
revealed and the petitioner had submitted the application as if there is no
criminal case pending against him.
6. This Court has repeatedly held that mere pendency of an FIR
cannot be a ground to deny the passport unless the FIR translates itself into
a final report and the same is taken cognizance by a competent Court. It is
only at this stage, the FIR will be construed as a criminal case against the
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8433 of 2021
applicant.
7. In view of the above, there shall be a direction to the petitioner to
make a fresh application by providing correct facts and revealing the
pendency of FIR against him. The respondent, on receipt of the same, shall
process the application and if it is found that the criminal case is only in the
stage of FIR, the same should not stand in the way of the respondent in
processing the application. If the petitioner satisfies all other requirements,
the application shall be processed and the passport shall be given to the
petitioner. This process shall be completed by the respondent within a
period four (4) weeks from date of receipt of the fresh application from the
petitioner.
8. This writ petition is disposed of with the above directions.
No costs.
17.06.2021
Index : Yes / No.
Internet: Yes / No.
ogy
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8433 of 2021
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
The Regional Passport Officer,
Regional Passport Office,
Madurai Bharathi Ula Veethi,
Race Course Road,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.8433 of 2021
N. ANAND VENKATESH, J.
ogy
W.P(MD)No.8433 of 2021
17.06.2021
https://www.mhc.tn.gov.in/judis/
